Sec. 17.031. SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA WEBSITE. (a) If substituted service of citation is authorized under the Texas Rules of Civil Procedure, the court may prescribe as a method of service under those rules an electronic communication sent to the defendant through a social media website if the court finds that:

(1) the defendant maintains a social media page on that website;

(2) the profile on the social media page is the profile of the defendant;

(3) the defendant regularly accesses the social media page account; and

(4) the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant’s account.

(b) Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.

SECTION 2. This Act takes effect September 1, 2013.

Prior Case Law on Social Media Service

Also, check out the blog I wrote last year discussing a case in which a federal judge refused to allow a lawsuit to be served on a defendant via social media, instead reasoning that the local papers would better apprise the defendant of the lawsuit. Given what we know about that defendant, do you think she was more likely to be informed of things happening on Facebook or in the local newspapers?Federal Court in New York Refuses Service Via Facebook | Shawn E. Tuma.

UPDATE: We are actively discussing this proposal on the State Bar of Texas group on LinkedIn – feel free to join by clicking HERE!

QUESTIONS: Please tell me your thoughts on:

is this a good or bad idea;

why is this a good or bad idea;

what pros and/or cons you see for using social media in this way;

what tools, services or procedures are you aware of that could be used or could help make this process more reliable;

what overall suggestions do you have that could help make this process more reliable; and

anything else you can share that may have some bearing on this discussion.

I am seeking truth and understanding, not advocating a position (at this point), thank you for your help!

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Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.
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I filed an Alienation of Affection laws suit here in North Carolina,and failed at having the indidvidual personally served. Two certified letters were mailed; one at the defendants last known address, and one to the defendants (new) boyfreind. No response what-so-ever. I served her via facebook,and got quit the response;although, the response is well over the 30 day limit. A couple of days later,facebook disabled my account, and after numerious attempts to contact them about my account situation,,,,no response from them either.

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